Accusations fly over ouster affidavits verified by city councilors
BY P.J. LASSEK World Staff Writer
Tuesday, July 12, 2011
7/12/11 at 5:16 AM
Read Attorney
General Scott
Pruitt’s denial of an
ouster request for Mayor Dewey
Bartlett.
View Councilor John Eagleton’s
presentation on his allegations
against the mayor.
Read continuing coverage of the
conflicts between the mayor and
city councilors.
Mayoral Chief of Staff Terry Simonson is calling into question whether six city councilors broke the law by verifying 1,387 affidavits calling for the ouster of Mayor Dewey Bartlett.
"I think the hypocrisy here is that in the effort by some councilors to show that the mayor had violated the law and his duty, they in turn resort to violating the law," Simonson said Monday.
In denying an ouster request by Councilor John Eagleton, State Attorney General Scott Pruitt stated in an opinion issued Friday that city councilors are not "authorized and empowered to administer oaths by state statute" for that purpose.
Eagleton, a lawyer, initiated a petition process that would require verified affidavits to force Pruitt to investigate Eagleton's 11 allegations against Bartlett.
Although notaries public were used to verify 602 of the affidavits submitted, Eagleton and five other councilors verified 1,387 affidavits.
Joining Eagleton in verifying affidavits with their signatures were Maria Barnes, Chris Trail, Jack Henderson, Roscoe Turner and Jim Mautino.
Eagleton is not seeking re-election, but the remaining councilors are, and all filed for candidacy on Monday.
Pruitt's opinion states that notaries public are plainly authorized to verify ouster affidavits and that while Tulsa's City Charter provides "limited authority" to administer oaths in the scope of their duties, an ouster affidavit is not one of the council duties.
Eagleton disagreed with Pruitt, saying the assertion that the councilors were not authorized to administer the oaths is a "flawed position."
"The more I chew on the AG's opinion, the more unsavory it becomes," he said.
Eagleton said the councilors "absolutely acted within the scope of their duties as authorized in the charter."
"I see defending the City Charter and ousting the mayor to be among the highest callings of city business that a councilor can have," he said.
Although many councilors supported Eagleton's ouster effort, the council never sanctioned it.
Simonson, an attorney, said it "appears that the councilors illegally misrepresented to citizens that they could administer a valid oath" in verifying the affidavits.
Simonson raised the issue of causes of action for fraud or misrepresentation.
The five other councilors who verified affidavits said both Eagleton and Council Attorney Drew Rees advised them that they could gather and verify signatures on the affidavits.
"He is full of crap," Henderson said about Simonson. "He's just trying to embarrass the council."
He said the "mayor got a pass on this and should be happy that he got a favorable ruling that allows him to hang in there two more years, because that will be the last two years he gets."
Trail said he was told by many residents that it was his duty as an elected official to collect signatures, "so I felt obligated to do it, especially when someone keeps throwing it up in your face that you should."
"We need to just put all of this behind us and move the city forward," he said.
Barnes said she relied on the legal advice of Rees and Eagleton in this situation.
Turner and Mautino said the charter clearly allows them to administer the oath.
In a news conference Friday, Bartlett asked for an apology from the councilors.
"If the mayor wants an apology, I'll apologize if that is what it takes to move the city forward," said Trail, who noted that he doesn't think he did anything wrong.
Henderson said, though, that "I don't think an apology from any council is in order. If that is what the mayor's waiting for, then I guess he'll be waiting."
Eagleton, Barnes, Mautino and Turner agreed with him.
Original Print Headline: Accusations fly over affidavits councilors verified
P.J. Lassek 918-581-8382
pj.lassek@tulsaworld.com
Associated Images:
COUNCILORS WHO VERIFIED AFFIDAVITS
Maria Barnes:
They verified 1,387 affidavits calling for the ouster of Mayor Dewey Bartlett. The attorney general said councilors are not "authorized and empowered to administer oaths by state statute" for that purpose.
COUNCILORS WHO VERIFIED AFFIDAVITS
John Eagleton:
They verified 1,387 affidavits calling for the ouster of Mayor Dewey Bartlett. The attorney general said councilors are not "authorized and empowered to administer oaths by state statute" for that purpose.
COUNCILORS WHO VERIFIED AFFIDAVITS
Jack Henderson:
They verified 1,387 affidavits calling for the ouster of Mayor Dewey Bartlett. The attorney general said councilors are not "authorized and empowered to administer oaths by state statute" for that purpose.
COUNCILORS WHO VERIFIED AFFIDAVITS
Jim Mautino:
They verified 1,387 affidavits calling for the ouster of Mayor Dewey Bartlett. The attorney general said councilors are not "authorized and empowered to administer oaths by state statute" for that purpose.
COUNCILORS WHO VERIFIED AFFIDAVITS
Chris Trail:
They verified 1,387 affidavits calling for the ouster of Mayor Dewey Bartlett. The attorney general said councilors are not "authorized and empowered to administer oaths by state statute" for that purpose.
COUNCILORS WHO VERIFIED AFFIDAVITS
Roscoe Turner:
They verified 1,387 affidavits calling for the ouster of Mayor Dewey Bartlett. The attorney general said councilors are not "authorized and empowered to administer oaths by state statute" for that purpose.
|
